South Dakota Code § 27A-15-35

Appointment of counsel--Conflict of interest
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If upon completion of the evaluation required in §
27A-10-6
, it is determined that a hearing shall be held and the minor has not retained his own attorney, the chairman of the board of mental illness which will be holding the hearing shall immediately appoint counsel for the minor. In no case shall the minor's attorney be a person who, in the previous two years, has advised or represented the person seeking commitment or who would otherwise have a conflict of interest.

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